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Fire or harass employee for taking off work for a surgery?

Texashiker

Texashiker

Lifer
<serious thread>

My wifes doctor suggested she have her ovaries and uterus removed. This is an ongoing problem for several years now. My wife was looking at having the surgery in 2011, but the hospital needed about $1,000 paid up front.

One Ovary has a large cyst on it, and uterus has fibroids in it and is enlarged. Its gotten to the point where my wife has shooting pains that is disrupting her day-to-day life.

The problem is, my wifes boss is a workaholic. The boss does not like anyone taking time off work for anything. The supervisor does not even like employees taking vacation time. Even though the employees have vacation and sick time, they are not supposed to use, and that is what the supervisor has said.

My wife took half a day off Thursday morning to go to the doctor for a consultation, pap smear, and a biopsy of the uterine lining.

Upon going back to work after the doctors visit, my wifes boss gave her the cold shoulder and is being rude to my wife.

I am worried that the company will cut my wifes hours, or try to get her to quit because my wife is going to have to take some time off work.

In short:

My wife needs surgery
Her boss is giving her a hard time about it

What kind of protection under the law do we have? Texas is an "at will" state. But isn't there some kind of protection for people who have to take off for medical reasons?
 
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Take either short term disability or FMLA. Do not take vacation for medical procedures, that is just crazy. What kind of vacation will she be having in the hospital?
 
How many employees does her employer have? It matters.

FMLA only applies if they have more than 50 employees within a 75 mile area. Read this.
 
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Texashiker said:
<serious thread>

My wifes doctor suggested she have her ovaries and uterus removed. This is an ongoing problem for several years now. My wife was looking at having the surgery in 29011, but the hospital needed about $1,000 paid up front.

One Ovary has a large cyst on it, and uterus has fibroids in it and is enlarged. Its gotten to the point where my wife has shooting pains that is disrupting her day-to-day life.

The problem is, my wifes boss is a workaholic. The boss does not like anyone taking time off work for anything. The supervisor does not even like employees taking vacation time. Even though the employees have vacation and sick time, they are not supposed to use, and that is what the supervisor has said.

My wife took half a day off Thursday morning to go to the doctor for a consultation, pap smear, and a biopsy of the uterine lining.

Upon going back to work after the doctors visit, my wifes boss gave her the cold shoulder and is being rude to my wife.

I am worried that the company will cut my wifes hours, or try to get her to quit because my wife is going to have to take some time off work.

In short:

My wife needs surgery
Her boss is giving her a hard time about it

What kind of protection under the law do we have? Texas is an "at will" state. But isn't there some kind of protection for people who have to take off for medical reasons?
Click to expand...

That gives her a couple of years before the surgery...Hopefully the laws will change by then...😛

http://www.dol.gov/whd/fmla/

http://www.dol.gov/whd/regs/compliance/whdfs77b.pdf

Prohibitions
Section 105 of the FMLA and section 825.220 of the FMLA regulations prohibit the following actions:
• An employer is prohibited from interfering with, restraining, or denying the exercise of, or the attempt to exercise, any FMLA right.
• An employer is prohibited from discriminating or retaliating against an employee or prospective employee for having exercised or attempted to exercise any FMLA right.
• An employer is prohibited from discharging or in any other way discriminating against any person, whether or not an employee, for opposing or complaining about any unlawful practice under the FMLA.
• All persons, whether or not employers, are prohibited from discharging or in any other way discriminating against any person, whether or not an employee, because that person has—
o Filed any charge, has instituted, or caused to be instituted, any proceeding under or related to the FMLA;
o Given, or is about to give, any information in connection with an inquiry or proceeding relating to any right under the FMLA; or
o Testified, or is about to testify, in any inquiry or proceeding relating to a right under the FMLA.
Examples of prohibited conduct include:
• Refusing to authorize FMLA leave for an eligible employee,
• Discouraging an employee from using FMLA leave,
• Manipulating an employee’s work hours to avoid responsibilities under the FMLA,
• Using an employee’s request for or use of FMLA leave as a negative factor in employment actions, such as hiring, promotions, or disciplinary actions, or,
• Counting FMLA leave under “no fault” attendance policies.
Any violations of the FMLA or the Department’s regulations constitute interfering with, restraining, or denying the exercise of rights provided by the FMLA.
Click to expand...
 
A suggestion. Research your local bar and locate a lawyer that deals with work place issues.

Many of them will offer a one time free consultation. (Check before you make an appointment.)

The law is complex. My experience is that only someone that practices law can provide you with good advice. And then the answer you are most likely to get is "It depends."

Sounds like you are in a bit of a difficult situation...

Best of luck with it,
Uno
 
Your wife needs to sit down like an adult and talk with her boss and explain the fact that she NEEDS to have this done and she will be back when possible.
 
doenst your wife work for a doc or some medical office?

your wifes health is the most important. if her employer is that much of a dick then find another job after they fire her.
 
Boss is clearly a male.

Has she told him she needs to take a leave of absence because of a hysterectomy? Or did she just say she needed surgery? The h- word can scare the crap out of people.

The boss is an ass, though. Quit by burning the place down with him in it.
 
Not to really change the topic, but people question why teacher's have worked hard for tenure? It's so that employers cannot fire them without due cause. That's all that tenure provides, period. This is yet another thread about an unfair situation where someone may get fired. (Thus, probably best not to comment back on this, and if you want, start a new thread.)

OP, it really, really sucks to be in that situation. But, if he can legally fire her, then there's not a lot you can do. If there's a chance that bad publicity would harm him, then in an incredibly subtle way, make sure he knows that if he were to fire your wife, there would be a shitload of bad publicity.
 
Not to go off a tangent, and not an expert in labor laws here, but I'm pretty sure its illegal to deny an employee to take their vacation time. Its somewhat difficult to take vacation time at my current employer, but we've never been encouraged not to take it or been denied its use.
 
Barfo said:
Wow. Have her find a job that isn't crappy.
Click to expand...

This. If her boss is that much of a dickhead when it comes to her health, I'd take the vacation to have the treatments done and start looking for a new position. Fuck any company that thinks its work is more important than the well-being of its employees.
 
Bateluer said:
Not to go off a tangent, and not an expert in labor laws here, but I'm pretty sure its illegal to deny an employee to take their vacation time. Its somewhat difficult to take vacation time at my current employer, but we've never been encouraged not to take it or been denied its use.
Click to expand...

Yeah, I don't think there's an employee limit for basic labor laws (like having to allow breaks/lunches or whatnot). But who knows. I'd probably leave anyway because the boss sounds like a tool.
 
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